Environmental Education & Legislation- 2 | Geography Optional for UPSC (Notes) PDF Download

Environmental Legislations

• In recent years, various environmental issues have emerged, posing a significant threat to human well-being. A crucial aspect of these problems is that their effects are not limited to the source area, but extend over vast regions.
• To prevent the abuse and degradation of the environment, robust legislation is required. This is essential to combat the harmful activities of unscrupulous individuals, forest mafias, poachers, and polluters, as well as to control the over-exploitation of environmental resources. Pollution, in particular, is a significant factor that does not respect political boundaries or legislative jurisdictions. As a result, environmental issues are inherently global in scope. Consequently, to address these challenges, environmental legislation is needed not only at the national level but also at the international level.

International Legislations

• International legislation does not have a central governing body with the authority to create and enforce laws in the same way as national legislation does. Instead, international legislation relies on the cooperation and agreement of the involved parties. International Environmental Legislation is a term used to describe a collection of policies, agreements, and treaties that address issues of global concern.
• Most international legislation consists of voluntary agreements between nations, which are typically established through international conventions or treaties. Nations that agree to be bound by these conventions are referred to as Parties. Each Party is required to respect the framework provided by the convention and adopt its own national legislation to ensure its implementation at the national level. In some cases, protocols may also be developed to support these conventions.
• A protocol is an independent international agreement that is connected to an existing convention. Essentially, a protocol shares the concerns and principles outlined in the convention it is linked to, and builds upon them by introducing new, often stronger and more detailed, commitments. This collaborative approach to international legislation allows for countries to work together on addressing global issues, despite the absence of a central regulatory authority.

Wetland Convention (Ramsar Convention)
The Ramsar Convention, also known as the Wetland Convention, is an international treaty that was established in 1975 to provide a framework for international cooperation in the conservation and sustainable use of wetland habitats. The United Nations Educational, Scientific, and Cultural Organization (UNESCO) acts as the depositary for the Convention, while its secretariat, known as the Ramsar Bureau, is located in Gland, Switzerland. India joined the Convention in 1981.
The primary goal of the Convention is to prevent the loss of wetlands and ensure the conservation of their flora and fauna, as well as maintaining their ecological processes. To achieve this, signatory countries are required to:

• Designate one or more wetlands as Wetlands of International Importance (for example, India has six Ramsar wetlands).
• Promote the wise and sustainable use of wetlands, including mangrove ecosystems.
• Encourage the conservation of wetlands by establishing nature reserves.
• Manage wetlands in a way that benefits waterfowl populations, regardless of whether the wetlands are listed under the Convention.
• Support training and education in wetland research, management, and conservation.
• Engage in consultations with other parties to the Convention, particularly in matters related to transboundary wetlands, shared water systems, shared species, and the development of wetland conservation projects.

Montreal Protocol

• The United Nations Environment Programme (UNEP) has been working on addressing the issue of ozone layer depletion since 1977. In 1985, under the guidance of UNEP, countries around the world came together to establish the Convention for the Protection of the Ozone Layer in Vienna. This convention aimed to unite nations in their commitment to protect the ozone layer and to collaborate on scientific research to enhance understanding of atmospheric processes and the severe consequences of ozone depletion. Additionally, the convention laid out provisions for future protocols and specified procedures for amendments and dispute resolution.
• To further the goals of the convention, the Montreal Protocol on Substances that Deplete the Ozone Layer was agreed upon by nations in 1987 and has since undergone five amendments. These amendments, adopted in London (1990), Copenhagen (1992), Vienna (1995), Montreal (1997), Beijing (1999), and Kigali (2016, not yet in force), aimed to strengthen the protocol's control provisions. The main objective of the Montreal Protocol is to reduce and ultimately eliminate the emission of man-made ozone-depleting substances. Both the Vienna Convention and the Montreal Protocol have been considered highly effective in reducing and possibly eliminating emissions of ozone-depleting chemicals into the atmosphere in the future.

Climate Conventions
Climate change, primarily caused by greenhouse gas emissions from burning fossil fuels, poses a significant threat to the future of the planet. To address this issue, numerous countries have developed national plans and implemented policies aimed at reducing greenhouse gas emissions. The United Nations Framework Convention on Climate Change (UNFCCC) was established in 1992 as a landmark international treaty to limit human-induced greenhouse gas emissions. The treaty's objective is to prevent dangerous interference with the climate system and ensure sustainable economic development.

• The Kyoto Protocol, signed in 1997, is an extension of the UNFCCC and calls for all participating nations to take steps towards improving local emission factors, activity data, and national greenhouse gas inventories. The first commitment period under the Kyoto Protocol began in 2008 and ended in 2012, followed by a second commitment period known as the Doha Amendment.
• In 2015, the Paris Agreement was adopted as a separate instrument under the UNFCCC, focusing on greenhouse gas emissions mitigation, adaptation, and finance, starting from 2020. As of November 2018, 195 UNFCCC members have signed the agreement, with 184 becoming party to it.
• The Paris Agreement's long-term goal is to limit the increase in global average temperature to well below 2°C above pre-industrial levels, and ideally to 1.5°C, in order to reduce the risks and effects of climate change. Each country participating in the agreement must determine, plan, and regularly report on its contributions to mitigating global warming. The agreement also aims to increase climate resilience and promote low greenhouse gas emissions development without threatening food production, as well as align financial flows with a pathway towards climate-resilient development.
• Overall, the Paris Agreement serves as an incentive for fossil fuel divestment and represents the world's first comprehensive climate agreement.

Biological Diversity Convention

The Convention on Biological Diversity (CBD) is an international agreement that was established during the United Nations Conference on Environment and Development (also known as the Earth Summit) in Rio de Janeiro on June 5, 1992. This convention has played a crucial role in raising awareness about the importance of biodiversity conservation on a global scale and has influenced its implementation at the national level. Over 150 countries have signed the CBD, which came into effect on December 29, 1993. India ratified the agreement in 1994. The CBD emphasizes the importance of making decisions related to biodiversity conservation at the national level.

Environmental Legislations in India

In India, significant efforts have been made to improve and protect the environment at the national level by amending the country's constitution. Originally, the constitution did not contain any direct provisions regarding environmental protection. However, following the United Nations Conference on Human Environment in Stockholm in 1972, the Indian constitution was amended to include the protection of the environment as a constitutional mandate.

• The forty-second amendment, Clause (g) to Article 51A of the Indian constitution, made it a fundamental duty for citizens to protect and improve the natural environment. This amendment states, "It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and have compassion for living creatures."
• Furthermore, the state is given a directive to protect and improve the environment as one of the Directive Principles of State Policy. Article 48A states, "The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country."
• In 1980, the Department of Environment was established in India to ensure a healthy environment for the nation. This department later became the Ministry of Environment and Forests in 1985, which is responsible for administering and enforcing environmental legislation and policies. The constitutional provisions are supported by various legislations, including Acts and rules from the Parliament or State Legislatures.
• Most of these Acts delegate powers to regulatory agencies to make rules for their implementation. The Environment Protection Act of 1986 (EPA) was enacted shortly after the Bhopal Gas Tragedy and serves as an umbrella legislation, filling many gaps in existing laws. Since then, numerous environmental legislations have been passed to address specific environmental issues. For instance, the use of Compressed Natural Gas (CNG) for public transport vehicles was made mandatory in Delhi in the recent past, leading to a reduction in air pollution in the city at that time.

Pollution Related Acts

Air and water are essential components of the environment that fulfill the basic survival needs of all organisms. To protect these components from degradation, several acts have been enacted, including Water Acts, Air Acts, and the Environment Act.

The Water (Prevention and Control of Pollution) Act of 1974
The primary objective of this act is to prevent and control water pollution, maintain or restore the purity and wholesomeness of water in streams, wells, or on land. Some of the key provisions of this Act include:

• The Act assigns regulatory authority to State Pollution Control Boards, empowering them to establish and enforce effluent standards for factories discharging pollutants into water bodies. The Central Pollution Control Board performs similar functions for Union Territories and formulates policies to coordinate the activities of different State Boards.
• The State Pollution Control Boards control sewage and industrial effluent discharges by approving, rejecting, or imposing conditions while granting consent to discharge.
• The Act grants power to the Board to ensure compliance with the Act, including the power of entry for examination, testing of equipment, and other purposes. It also allows the Board to take samples for the purpose of analyzing water from any stream or well, or samples of sewage or trade effluents.
• Before its amendment in 1988, enforcement under the Water Act was achieved through criminal prosecutions initiated by the Boards and through applications to magistrates for injunctions to restrain polluters. The 1988 amendment strengthened the Act's enforcement provisions, allowing the Board to close a defaulting industrial plant or withdraw its supply of power or water by an administrative order. Penalties were made more stringent, and a citizen's suit provision was added to support the enforcement machinery.

The Air (Prevention and Control of Pollution) Act of 1981
To implement the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, the nationwide Air Act was enacted by Parliament. The main objectives of this Act are to improve air quality and prevent, control, and reduce air pollution in the country. Some of the key provisions of this Act include:

• The Air Act's framework is similar to that of the Water Act of 1974, allowing for an integrated approach to environmental problems. The Air Act expanded the authority of the central and state boards established under the Water Act to include air pollution control.
• States without water pollution boards were required to set up air pollution boards.
• Under the Air Act, all industries operating within designated air pollution control areas must obtain a "consent" (permit) from the State Boards.
• The states are required to prescribe emission standards for industry and automobiles after consulting the central board and noting its ambient air quality standards.
• The Act grants power to the Board to ensure compliance with the Act, including the power of entry for examination, testing of equipment, and other purposes. It also allows the Board to take samples for the purpose of analyzing air or emissions from any chimney, fly ash, dust, or any other outlet in a prescribed manner.
• Before its amendment in 1987, the Air Act was enforced through mild court-administered penalties for violations. The 1987 amendment strengthened the enforcement machinery and introduced stiffer penalties. Now, the boards may close down a defaulting industrial plant or may stop its supply of electricity or water. A board may also apply to the court to restrain emissions that exceed prescribed limits.
• Notably, the 1987 amendment introduced a citizen's suit provision into the Air Act and extended the Act to include noise pollution.

Environment Acts

The Environment (Protection) Act of 1986 is a crucial piece of legislation in India, enacted in response to the Bhopal tragedy. The Act aims to implement decisions made at the 1972 United Nations Conference on the Human Environment, focusing on the protection and improvement of human environments and the prevention of hazards to humans, other living creatures, plants, and property. This umbrella legislation provides a framework for the Central Government to coordinate activities of various central and state authorities established under previous Acts, such as the Water Act and the Air Act.

The Act emphasizes the importance of the environment, defining it to include water, air, and land, as well as the inter-relationships among these elements and human beings, other living creatures, plants, microorganisms, and property. Environmental pollution is identified as the presence of pollutants, which are any solid, liquid, or gaseous substances present in concentrations that may be harmful to the environment. Hazardous substances include substances or preparations that may cause harm to humans, other living creatures, plants, microorganisms, property, or the environment.

Key provisions of the Act include:

• Section 3(1) empowers the Central Government to take necessary measures for protecting and improving the quality of the environment and preventing, controlling, and abating environmental pollution. This includes setting new national standards for environmental quality, regulating industrial locations, prescribing procedures for managing hazardous substances, establishing safeguards to prevent accidents, and collecting and disseminating information regarding environmental pollution.
• The Act grants the Central Government extensive powers, including the coordination of state actions, planning and execution of nationwide programs, setting environmental quality standards, regulating industrial locations, and more. These powers cover handling hazardous substances, preventing environmental accidents, inspecting polluting units, conducting research, establishing laboratories, and disseminating information.
• The Act allows the Central Government to issue direct orders, including closing, prohibiting, or regulating any industry, operation, or process, and stopping or regulating the supply of electricity, water, or other services. The Government also has the power to ensure compliance with the Act, including entering premises for examination, testing equipment, and analyzing samples of air, water, soil, or other substances.
• The Act explicitly prohibits discharging environmental pollutants in excess of prescribed regulatory standards and handling hazardous substances without complying with regulatory procedures and standards. Persons responsible for such discharges must prevent or mitigate pollution and report to governmental authorities.
• Penalties are provided for non-compliance with the Act, including imprisonment for up to five years, a fine of up to Rs. 1 lakh, or both. Additional fines may be imposed for continued violations, and if a violation continues for more than one year, imprisonment may be extended to seven years.
• The Act includes innovative enforcement provisions, allowing any person to file a complaint with a court alleging an offence under the Act, known as a "Citizens' Suit." This requires the person to give at least 60 days' notice of the alleged offence to the Central Government or competent authority.
• The Central Government may create rules for enforcing the Act through notifications in the official Gazette.

In summary, the Environment (Protection) Act of 1986 is a vital piece of legislation in India, providing a framework for the protection and improvement of the environment and the prevention of pollution. The Act grants extensive powers to the Central Government and includes provisions for penalties and enforcement, ensuring that environmental protection remains a priority.

Biodiversity Related Acts

India is known for its rich biodiversity and has implemented various policies and acts to protect its forests and wildlife. Some of the key legislations enacted for this purpose include:

• The Wild Life (Protection) Act of 1972: This act provides for state wildlife advisory boards, hunting regulations, the establishment of sanctuaries and national parks, trade regulations for wild animals and their products, and penalties for violating the act. India has also started conservation projects for individual endangered species and is a signatory to the Convention of International Trade in Endangered Species of Fauna and Flora (CITES 1976).
• The Forest (Conservation) Act of 1980: This act was introduced to consolidate laws related to forests, the transit of forest produce, and duties levied on timber and other forest products. It deals with four categories of forests: reserved forests, village forests, protected forests, and private forests. The act empowers state governments to designate protected forests and enforce preservation through rules, licenses, and criminal prosecutions.
• Biodiversity Act 2000: This legislation aims at regulating access to biological resources to ensure equitable sharing of benefits arising from their use. The act provides for setting up a National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs), and Biodiversity Management Committees (BMCs) in local bodies. It also mandates that foreign nationals or organizations require prior approval from the NBA for obtaining biological resources and associated knowledge for any use.

The main goal of these legislations is to protect India's biodiversity and associated knowledge against unauthorized use by foreign individuals and organizations. They also aim to promote conservation, sustainable use, and documentation of biodiversity, while ensuring equitable sharing of benefits arising from the use of biological resources.

Conclusion

In conclusion, environmental legislation is crucial for protecting and preserving the environment and its resources, both at national and international levels. Various conventions, treaties, and acts have been enacted to address global environmental issues, such as the Ramsar Convention, Montreal Protocol, UNFCCC, and the Convention on Biological Diversity. India has also implemented numerous environmental legislations to protect its rich biodiversity and combat pollution, such as the Environment (Protection) Act of 1986, the Wild Life (Protection) Act of 1972, and the Biodiversity Act 2000. These legislations provide a framework for governments and citizens to work together to ensure a sustainable future for the planet.

Frequently Asked Questions (FAQs) of Environmental Education & Legislation

What is the purpose of international environmental legislation?

International environmental legislation aims to address global environmental issues through a collection of policies, agreements, and treaties. It relies on the cooperation and agreement of involved parties and typically consists of voluntary agreements between nations established through international conventions or treaties. These legislations help countries work together to address environmental challenges such as pollution, climate change, and biodiversity conservation.

What are some examples of international environmental agreements?

Some examples of international environmental agreements include the Ramsar Convention (Wetland Convention), the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, the Paris Agreement, and the Convention on Biological Diversity (CBD).

How does the Indian Constitution address environmental protection?

The Indian Constitution was amended to include environmental protection as a constitutional mandate after the United Nations Conference on Human Environment in 1972. The forty-second amendment, Clause (g) to Article 51A, made it a fundamental duty for citizens to protect and improve the natural environment. Additionally, Article 48A states that the State shall endeavor to protect and improve the environment and safeguard the forests and wildlife of the country.

What are some key environmental legislations in India?

Some key environmental legislations in India include the Water (Prevention and Control of Pollution) Act of 1974, the Air (Prevention and Control of Pollution) Act of 1981, the Environment (Protection) Act of 1986, the Wild Life (Protection) Act of 1972, the Forest (Conservation) Act of 1980, and the Biodiversity Act 2000.

What is the role of the Central and State Pollution Control Boards in India?

The Central and State Pollution Control Boards in India play a crucial role in implementing and enforcing environmental legislation and policies. They are responsible for establishing and enforcing pollution standards, regulating industrial locations, prescribing procedures for managing hazardous substances, establishing safeguards to prevent accidents, and collecting and disseminating information regarding environmental pollution. They also have the power to ensure compliance with the relevant Acts, including the power of entry for examination, testing of equipment, and analyzing samples of air, water, soil, or other substances.